Main characters
The Dutch Tax Scandal
Roger Derikx
The Ministry of Finance does not have to prevent creditors from being able to claim money from former partners in the benefits affair. The ex-partners with debts must wait for a compensation scheme designed specifically for them. This is what the judge ruled in summary proceedings filed by Roger Derikx.
Derikx and probably thousands of other former partners will have to wait at least until the summer for their compensation. Only then will the plan for this regulation be presented to the House of Representatives.
The court finds that the chance that Derikx will qualify for that partner arrangement is' real ', and that he should wait for it. The judge does instruct the state to contact the creditor who has seized Derikx's income to check whether a delay is possible.
The ruling evokes mixed feelings among Derikx. “On the one hand, it's a disappointment, and on the other hand, there are some points that we can do something with. Like the state needs to get moving anyway. It's not a solution for my situation at the moment, but it does open the door a little bit for people like me.”
Divorce
Roger Derikx's family had to deal with collections from the tax authorities since 2010. According to Derikx, the resulting tensions and financial problems led to a divorce in 2014.
Derikx's ex-wife has been recognized as a victim, but Derikx himself has not. This is because, for compensation, the tax authorities only look at the parent who once applied for the childcare allowance. The reason for this is that some affected families would otherwise receive twice the 30,000 euros intended for all affected households.
Debt pause button
The result is also that former partners such as Derikx cannot make use of other arrangements. For example, debts are not being forgiven and the so-called moratorium, the pause button for their debts, is now also ending for them.
Derikx has got a job and a house again just after a long period of financial problems, but because of this situation, he is now facing wage garnishment and bailiffs again. An estimated 7,000 to 9,800 other former partners will be in the same position in the coming months.
Roger Derikx walked away emotionally from the public gallery in the House of Representatives in 2019. He then explained why the debate was too much for him:
Father walks away from debate, gets a little too much
State Secretary for Fees and Customs Aukje de Vries (VVD) is working on an arrangement to provide this group with 10,000 euros in compensation, but expects to submit this plan to the House of Representatives in the summer at the earliest. This is therefore too late for many former partners.
But she says an extension of the moratorium is also difficult, because it requires a change in the law. In addition, she finds a longer break unwise, because she expects that not all ex-partners' debts are due to the benefits affair and will therefore not all be forgiven.
She therefore refers former partners with problematic debts to the municipality. About the case, De Vries says: “We will - and have already indicated this - make an effort to mediate with the creditors of the person concerned, should there be such a need.”
“Too bad”
Derikx calls it 'strange' that the state is not responsible for the absence of the former partner arrangement. “That all takes far too long, and it's a shame that this ruling doesn't really state that the state is obliged to move quickly either.”
Derikx and his lawyer are still considering possible next steps.
Ex-partners are empty-handed in the benefits affair for now
The Dutch State must do more to help Roger Derikx, one of the victims of the benefits affair. This was decided by the judge in summary proceedings.
Derikx has problematic debts and is therefore in danger of losing his home. The creditor had his income seized.
Intercede with the municipality
The state must contact the creditor “to see whether a delay is possible” by the court. According to the court, if this does not work, the state can “mediate access to the municipality's debt counseling if you wish”.
Derikx's former partner was the one who applied for the benefits when the two were still married. The recovery therefore goes through her. A separate recovery arrangement was proposed last year for former partners such as Derikx, who are struggling with debts as a result of the benefits affair. However, this is still under discussion in the House of Representatives. In the meantime, creditors will continue to knock on Derikx's door.
Derikx's lawyer had asked the judge earlier this month to temporarily defer payment of the debts. This is pending the final settlement for former partners. The judge rejected this today because “in the absence of a legal regulation”, the state cannot be obliged to impose such a so-called moratorium.
The state previously said it “understands” Derikx's situation, but pointed out that it wanted more clarity about the nature of the man's debts.
Stichting Herstel Onbekend Inrecht Foundation draws attention to victims of the benefits affair
19-04-2022 17:06 | 8 months ago
This is an original message from
Foundation for Repairing Unprecedented Injustice
The Hague - Stichting Herstel Onbekend Inrecht is organizing a small-scale demonstration at the Court of Appeal in The Hague tomorrow, April 20, 2022 specifically to draw attention to the culpable and punishable actions of the tax authorities and to focus on their consequences for parents and children. The foundation demands that appropriate compensation be provided and calls for current cases to be dealt with quickly and empathically.
On Wednesday, April 20, at 10 a.m., the appeal will be filed with the Court of Justice. Five parents have already testified about their experiences. 147 more parents have also filed a complaint. The parents present tomorrow also participated in the declaration against the tax authorities. The complaint is an appeal for gag. A criminal offence.
Roger Derikx, together with mr. dr. Vasco Groeneveld (see kindertoeslagaffaire.nl), has suggested the idea of filing a report. Childcare was reclaimed ruthlessly, including high additional costs in fines and collection procedures. According to the Foundation for the Recovery of Unprecedented Injustice, not all the consequences of this have come into view. Parents who committed suicide. Lots of health issues.
“It is now known that blacklists have been used. That there has been discrimination. That the childcare allowance was wrongly repaid. In our opinion, the current procedure is too time-consuming,” says Paula Bouwer, founder of Stichting Herstel Onbekend Inrecht. “The CWS Commission is unable to cope with the large influx (only handles 12 cases per month). The way we work must improve. Parents should receive compensation that shows genuine sympathy, showing that you really mind, that solutions will be found quickly.”
The demonstration is organized by the founder of the Foundation for the Recovery of Unprecedented Injustice: Paula Bouwer. She has sold her company and wants to work to find an appropriate and quick solution to the child allowance problems. Paula: “I created a Foundation for Repairing Unprecedented Injustice, where people can support us to stop this unprecedented violation of human rights. With the help of donations, I want to be able to call in experts and organize lightning actions.” More information about the demonstration and her personal story can be found at: www.kindertoeslagaffaire.nl.
Victim of the benefits affair files a complaint against the tax authorities: “My life ruined”
Roger Derikx, one of the victims of the benefits affair, has filed a complaint against the tax authorities. His lawyer Vasco Groeneveld announced this to The Telegraph.
Derikx recently came into the news when he shot out in the public gallery during the debate about the benefits affair in the House of Representatives. “My life is ruined,” he shouted at Secretary of State Menno Snel.
Derikx is one of the people who became a victim in the affair. The childcare allowance that he and his wife received was unfairly stopped. They had no idea why, but they were classed as fraudsters and had to repay large amounts of money.
Tax authorities in violation
“They ruined my life by never having a conversation,” Derikx told the newspaper. In his case, the amount of damage amounted to more than 70,000 euros. His marriage, among other things, was on the rocks during that period.
ALSO READ: CDA wants wider investigation into errors at the tax authorities: 'Hits the core of our rule of law'
According to lawyer Groeneveld, the tax authorities approach is an offence and that is why a report has been filed. “For criminal law, it is essential that victims are deliberately disadvantaged. With the tough approach, the tax authorities deliberately took the risk that innocent people would be duped.”
New debate with Snel
Derikx especially denounces the fact that the tax authorities have not spoken up in all these years. He and his lawyer want justice done. “Lives have been destroyed,” Derikx refers to the victims of the affair.
Despite the critical debate, Secretary of State Snel of the House was allowed to remain seated. Before the Christmas recess, however, there will be another debate with the minister. This is about the files that affected parents received from the tax authorities, but large parts of which were painted black. There was a lot of fuss about that yesterday.
.avif)